HomeMy WebLinkAbout1997-04-14 675"
Town Board Minutes
1 April 14, 1997
TOWN OF DANBY
TOWN BOARD MINUTES
Regular Meeting 6 : 00 P.M. April 14, 1997
PRESENT :
Supervisor Oltz
Councilpersons : Edward Inman, Rosa Lee Johnson, Joseph Schwartz, Howard Steiner
Others Present:
Carol W. Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
William Hall - Highway Superintendent
Members of the Public :
Roy Casterline, Scott Engelhart, Mary Lou Hardesty, Donna Collins, Edward M . Roberts, Robert
Roe, Elizabeth Roe, Amy Cusimano , Josefina Griffin, Scott Hoffay
Supervisor Mary Oltz called the meeting to order at 6 : 00 P . M . and led all present to the Pledge of
Allegiance to the American flag .
APPROVAL OF MINUTES :
Town Board Minutes of February 10, 1997 - Approved
A motion was made by Councilperson Schwartz and seconded by Councilperson Inman to approve
the February 10 , 1997 Town Board Minutes as published .
A roll call vote on the motion resulted as follows :
Inman Aye I
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously -
Town Board Minutes of March 10 , 1997 - Approved
A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to approve
the Town Board Minutes of March 10 , 1997 as published .
A roll call vote on the motion resulted as follows :
Inman Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
ADDITIONS TO THE AGENDA :
1 ) Old Town Barns - Discussion
2) Jennings Pond Swim Program - Discussion
3) Town Hall Building Size - Discussion and Resolution
4) Town Hall Project Architectural Plans Approval - Resolution
5 ) Fieldstone Circle - Resolutions
Modification of Subdivision Declaration of Restrictive Covenants
Updating the Owner/Sponsor of Said Subdivision
APPROVAL OF WARRANTS :
General Fund Warrant No . 4 of 1997 - Approved
A motion was made by Councilperson Schwartz and seconded by Councilperson Johnson to approve
the General fund Warrant No . 4 of 1997, Voucher No . ' s 90- 131 in the amount of $ 19,002 . 66 .
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Town Board Minutes
2 April 14, 1997
A roll call vote on the motion resulted as follows :
Inman ` , . Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
Highway Fund Warrant No . 4 of 1997 - Approved
A motion was made by Councilperson Inman and seconded by Councilperson Schwartz to approve
the Highway Fund Warrant No . 4 , Voucher No . ' s 53 -69 in the amount of $ 18 ,520 . 25 .
A roll call vote on the motion resulted as follows :
Inman Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
West Danby Water District Fund Warrant No . 4 of 1997. - Approved
A motion was made by Councilperson Schwartz and seconded by Councilperson Inman to approve
the West Danby Water District Fund Warrant No . 4 of 1997, Voucher No . ' s 10- 15 in the amount of
$ 1 ,225 . 26 .
A roll call vote on the motion resulted as follows :
• Inman Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
Approval of the Town Supervisor' s March 1997 Report
A motion was made by Councilperson Schwartz and seconded by Councilperson Inman to approve
the Town Supervisor ' s March 1997 report .
A roll call vote on the motion resulted as follows :
Inman Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Carried
Approval of Town Clerk' s March 1. 997 Report
A motion was made by Councilperson Schwartz and seconded by Councilperson Inman to approve
the Town Clerk' s March 1997 Report as submitted .
A roll call vote on the motion resulted as follows :
Inman Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
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Town Board Minutes
3 April 14, 1997
PRIVILEGE OF THE FLOOR :
Edward M. Roberts - Bald Hill Road - has not been contacted when the Bicentennial Committee
meets and his desire for the Town to have a parade on July 26 , 1997 for the Danby Bicentennial
History Day and when committee meetings are held . He will not be available from May 22 - 28 ,
1997 .
Code Enforcement Officer Report:
Susan Beeners requested the addition to the Agenda of the "Proposed Local Law Amending Local
Law No . 1 of 1996 entitled "A LOCAL LAW TO AMEND THE ZONING ORDNANCE TO
MODIFY THE BOUNDARIES AND ESTABLISH A MODIFIED GENERAL SITE PLAN FOR
PLANNED DEVELOPMENT ZONE NO . 1. 0 , COMPRISED OF A PORTION OF TOWN OF
DANBY TAX PARCEL NO . 9 . - 1 -9 . 12 , LOCATED ON THE SOUTH SIDE OF GUNDERMAN
R9AD WEST OF COMFORT ROAD" . Additional property has been purchased and she would like
the Board to consider a Proposed Resolution to withdraw further consideration of the proposed local
law.
No Board member objected
Liz Owens-Roe - 1. 820 Danby Road - reported that she has agreed to prepare the Danby Area News
on a bi-monthly basis as there is not enough news to do a monthly publication.
Donna Collins - 802 King Road West - reported that she is on the Community Council Building
Committee and they are meeting Thursday, April 17 , 1997 with the architect and Thursday, April
24 , 1997 with the contractors . They are very involved with fund raising for the project and are
having an on-going can drive, Two (2) spaghetti dinners have been scheduled to raise funds . She
asked the Board for a letter of support to submit with grant applications for the Community Center
project.
Supervisor Oltz - asked the Board to authorize a letter of support to Community Council for their
Community Center project.
The Town of Danby Town Board authorized the Town Supervisor to send a letter of support for the
Danby Community Center Building that Community Council is planning to submit with their grant
applications .
Scott Engelhart - 458 Comfort Road reported that he is interested in the purchase of the Old Town
Barns .
COMMUNICATIONS :
1 ) Memo from Scott Engelhart received March 20 , 1997 regarding the possibility of purchasing
the Old Town Barns property on Bald Hill Road .
2) Dog Enumeration Proposal from S .P . C . A .
Discussion :
Supervisor Oltz said that the Town Clerk has solicited for a person to do a dog enumeration in the
past . It is difficult to get a complete enumeration from one individual and the Clerk requested a
• proposal from the S . P . C . A . She said that she thinks that the Town should approve the contract
proposal for a dog enumeration .
The Clerk reported that the Town receives local fees in the amount of $2 . 50 per spayed/neutered dog,
$ 5 . 00 for unspayed/unneutered dogs and 53 % of the State Fee as listed on the monthly itemized
report submitted to New York State and the Board . Dog fees collected for licensing can only be
used for dog control in the Town . The additional funds received for new dog registration through
an enumeration will cover the cost . Past enumerations have shown that there were 180 -200
unregistered dogs in Danby at any given time . The Town Clerk said that an enumeration also insures
that all dogs have up-to-date rabies shots for health and safety of town residents and other pets .
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Town Board Minutes
4 April 14, 1997
EMC Report - Robert Roe reported that there are two programs related to the Environmental
Restoration Project Brownfield Program 1 ) Municipal Assistance Brownfield Program Procedures
Handbook; and 2) 1996 Water Clean Air Bond Act Draft Criteria Development Information. There
is funding available . The Lake Water Flowing Project is going to be the highlight of the next year.
Highway Report :
Highway Superintendent William Hall reported that in March the Highway Deprtment built a basket
for the hydraulic excavator, repaired and serviced equipment, cut trees and brush and the usual
plowing of snow and cindering when needed. They patched potholes and spread material on gravel
roads to firm them up . He said he has purchased a used ten ( 10) foot dump box as a replacement for
an old one. He said that he is in need of office help the department with computerizing records to
track expenses for highway projects , service costs for vehicles and other job costs .
Councilperson Steiner asked the Highway Superintendent to compare the cost of having stone and
gravel delivered to the Town verses the use of town equipment and labor.
Sale of Old Town Barns Discussion
Supervisor Oltz reported that she has talked with the Highway Superintendent regarding the sale of
the Old Town Barns .
Discussion :
Highway Superintendent William Hall said that the Bald Hill property is used by the Highway
Department for storage of motorized equipment when not in use and supplies that would deteriorate
if left outside The road roller, wood chipper, mowing tractor, york rake tractor, Dodge truck used
for steaming out pipes and the r are stored in the open shed as well as other equipment. There is not
space at the Hornbrook Road Highway Barns to store this equipment inside . The Superintendent
reported that if the Town sells the property on Bald Hill Road that the Highway Department will
need to purchase additional property to build a replacement building . The cinder pile at the
highway barns on Hornbrook Road is now stored on a neighboring property . With the gas line
running through the property there is not sufficient room to put up a storage shed . The cost to the
Town for use of the property on Bald Hill Road is minimal as the building is not heated .
Supervisor Oltz said that she is concerned about selling property that we now own before there is
a place to store equipment and to stock pile gravel , cinders, etc .
Councilperson Schwartz said that he would like to get the highway barns property on Bald Hill Road
back on the tax rolls and the Town should consider putting up a pole barn or something to store the
off season equipment and using the funds from the sale of the property to build a storage shed at the
Hornbrook Road site .
Scott Engelhart said that he would like to purchase the Town Highway property on Bald Hill Road
for a proposed retail sales for masonry supplies and would consider leasing a portion of it back to
the Town for storage space .
Councilperson Steiner said that the Town should use funds from the sale of the Old Town Barns and
apply it towards building a storage shed on the existing Town Highway Department property.
Highway Superintendent William Hall said that if the Town builds a pole barn on the Hornbrook
Road site that it will not be necessary to keep the Bald Hill Road facility. He said the Town still
does not have a salt shed and suggested that the Board consider combining the pole barn storage shed
with a salt shed.
Senior Citizens Report .
Edw. M. Roberts reported that the Senior Citizens are planning a trip in the near future that will be
shared with seniors from Newfield and Lansing . Albern woodward is now in charge of the senior
activities . The seniors are very interested in the proposed community center as a site to hold their
monthly activities and encourage new members .
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Town Board Minutes
5 April 14, 1997
Motion to Adjourn to Executive Session :
A motion was made by Supervisor Oltz and seconded by Councilperson Schwartz at 7 : 05 P . M . to
adjourn to Executive Session to discuss candidates for Planning Board appointment .
A vote on the motion resulted as follows :
Carried Unanimously
Board Meeting Reconvened :
The Board meeting reconvened at 7 : 30 P . M .
OLD BUSINESS :
Jennings Pond Swim Program Contract- and Insurance
The Board discussed the Jennings Pond Swim Program and the cost to Community Council for
insurance to run the program. Insurance estimates are $ 1 , 800 . 00 for the swim program . Other off-
site activities cost $ 200 . 00 per event .
Supervisor Oltz said that she has concern that the Town could provide the insurance without
additional cost to the Town and the cost for Community Council for insurance is an additional
$ 3 ,000 . 00 or more through their carrier . .
Attorney Barney said the Contract between Community Council and the Town calls for Community
Council to provide their own insurance . Community Council does not have sufficient funds at this
time . If the Town insists that they provide the insurance , they cannot afford to run the program . The
Town ' s insurance carrier is there for the Town and would cover the pond program .
Councilperson Schwartz said that Community Council ' s insurance does not cover off-site activities .
Joel Gagnon said that they could get insurance coverage for the pond program at a cost of $ 1 , 800 . 00 .
It is his understanding that if the pond program were a Town program it would be covered under the
Town insurance . The additional cost to Community Council is due to the fact that the lifeguards are
their employees .
Councilperson Steiner said that he thinks that Community Council should have an insurance policy
that provides for off- site activities .
Mary Lou Hardesty reported that Community Council has planned fund raising activities to raise
additional funds needed for construction costs for the new community center building.
NYS Parks & Recreation Contract
The Board discussed and suggested changes to the NYS Parks & Recreation Agreement that is under
negotiation at this time . More frequent patrols of the park by the Park Patrol have been requested .
Old Town Barns :
Supervisor Oltz reported that there is a person interested in purchasing the Old Town Barns located
on Bald Hill Road . They would be willing to lease a part of the facility and land to the Town for
storage of some of the Highway Department equipment that is stored there at this time .
Attorney Barney said that the Town must go through two (2) steps before the property can be sold :
1 ) the process of declaring the property surplus property to enable the Town to transfer title and sell
the property outright ; 2) then enter into a lease agreement to occupy the space on whatever terms are
acceptable .
Attorney Barney said that the Town must make the determination that the property is no longer
needed and declare it surplus property subject to permissive referendum . This allows 30 days for
a possible petition to be filed .
Susan Beeners said that the property is zoned as residential . A rezoning would be necessary for
commercial use .
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Town Board Minutes
6 April 14, 1997
Supervisors Reports :
1 ) PERMA ( Workers ' Compensation Insurance )- has included Councilperson Schwartz on
their ballot for a position on their Board of Directors for 1997 - 1998 .
2) T-Cat - introduced a new route and Supervisor Oltz was invited to attend the opening but was
unable to go .
3 ) Cayuga Medical Center - has sent us a letter asking for a representative from Danby at their
Annual Meeting on April 17 , 1997 . Representatives will be eligible to become an Official
Corporate Member next year. Councilperson Inman is interested and will attend the meeting.
4) FEMA - the Town has received $ 36 , 000 . 00 in FEMA funds and are in the process of
applying for additional funds .
OLD BUSINESS
RESOLUTION NO. 31 OF 1997
APPOINTMENT TO TOWN OF DANBY PLANNING BOARD - Approved
By Councilperson Steiner : Seconded by Supervisor Oltz
WHEREAS , a vacancy exists on the Town of Danby Planning Board , and
WHEREAS, the Town Board has interviewed eight possible candidates who expressed interest in
serving on the Town of Danby Planning Board, now be it
RESOLVED , that the Town of Danby Town Board appoints Linda Hansen of 1870 Danby Road,
Ithaca, New York 14850 to the Town of Danby Planning Board to fill the vacancy position, and be
it further
RESOLVED, that the term of appointment begins immediately and expires on June 30, 2000 .
A roll call vote on the resolution resulted as follows :
Inman Aye
Johnson Abstained
Schwartz Aye
Steiner Aye
Oltz Aye Carried
Community Council - Pond Program
Councilperson Steiner said that he thinks that the Town in its policy apparently protects swimmers
under the Jennings Pond swim program . However Danby Community Council should review their
insurance policy and he thinks it is on their agenda to find out what type of insurance they have and
whether there is enough to cover programs and activities that are off- site .
Josefina Griffin said her question is "if the Town of Danby signs the Revocable License Agreement
with the NYS Parks & Recreation can the Danby Pond open this year under the Town insurance"?
Supervisor Oltz said that if we sign the Community Council Agreement that the pond is covered
under the Town insurance .
Joel Gagnon said that if the Community Council is going to administer the swim program then they
need the insurance . If they must have additional insurance for off-site events they would be so
expensive that their activities could not happen .
Pond Discussion :
Supervisor Oltz said that we as the Town could go ahead with the license as we have done in the past
and the program is covered with insurance . The other thing that can be done is for Community
Council to go ahead and obtain insurance and then have the Town amend the contract so that they
can ask the Town for additional funds .
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Town Board Minutes
7 April 14, 1997
Councilperson Inman said that we should amend the Community Council contract to allow them to
purchase their insurance not to exceed $2 , 000 . 00 .
Motion to Amend Contract with Community Council :
A motion was made by Councilperson Steiner and seconded by Supervisor Oltz that the Community
Council Agreement be amended to increase the funding by $4 , 000 . 00 and that the funds be taken
out of the Youth and Recreation Account No . A7730 . 4 for Community Council for programs related
to the Danby community.
Discussion :
Councilperson Johnson said that she cannot support the idea to just give a lump sum of money with
no idea of what those funds will be used for. Our whole previous discussion has been on cost of
insurance .
Councilperson Steiner said that $4 ,000 . 00 was removed from the Community Council budget during
the 1997 budget reviews and placed into the Youth Recreation account because of a proposed needs
study to be performed by the Youth Commission . There is no longer a Youth Commission and the
$4 ,000 . 00 has not been used . He said he thinks the Danby Pond program is an appropriate transfer
of funds because it benefits the entire community .
Councilperson Inman said that he does not have a problem with supplying additional funds to cover
the insurance for the Danby Pond program . He does not agree with turning over $4 ,000 . 00 . The
program funds were cut to help make the youth programs more self sufficient .
A vote on the motion resulted as follows :
Inman Nay
Johnson Nay
Schwartz Nay
Steiner Aye
Oltz Aye Motion Defeated
Josephina Griffin, President of Community Council said that Community Council needs $ 1 , 800 . 00
to provide insurance for their youth programs and additional funds are needed to include the swim
programs at Jennings Pond .
Motion to Amend Community Council Contract and Increase Funding for Liability Insurance
A motion was made by Councilperson Steiner and seconded by Supervisor Oltz to amend the
Community Council Agreement and to increase the funding by $2 ,000 . 00 and that the funds be taken
out of the Youth and Recreation Account No . A7730 .4 for Community Council programs related to
the Danby community .
Councilperson Johnson requested that the Town Clerk show her in the Town Board Minutes where
the Board approved of an amendment to the Community Council Contract .
A roll call vote on the motion resulted as follows :
Inman Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
Town Hall Renovation/Addition Project :
Councilperson Steiner presented the Town Board with a resolution establishing the size of office
space for the proposed renovation/addition to the Town Hall .
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Town Board Minutes
8 April 14, 1997
RESOLUTION NO . 32 of 1997
PROPOSED SIZES FOR TOWN HALL OFFICES
By Councilperson Steiner : Seconded by Councilperson Johnson
WHEREAS, the Town of Danby has initiated new building construction and existing building
remediation, and
WHEREAS, Town residents by referendum have approved said construction and remediation in an
amount not to exceed $ 387,223 . 50, and
WHEREAS, the Town Board indicated a willingness to review the project for possible reductions
in the overall project cost, and
WHEREAS, the proposed addition has increased in size from 2383 SF in March 1997 to 2620 SF
in April 1997, and
WHEREAS, the additional area will cost both directly and indirectly annually over the life of the
addition, and
WHEREAS, the individual office sizes exceed that of other municipalities offices in the area, and
WHEREAS, the existing building is being totally vacated, and
WHEREAS, the existing building consisting of 2065 SF can be used for future expansion, now
therefore be it
RESOLVED, that the following offices and sizes be adopted :
TOWN CLERK 262 SF
TOWN JUSTICES SEPARATE OFFICES EACH AT 110 SF
JUSTICE CLERK . INDIVIDUAL OFFICE AT 110 SF
CODE ENFORCEMENT OFFICE AT 160 SF
TOWN SUPERVISOR ` OFFICE AT 120 SF
TOWN BOOKKEEPER OFFICE AT 100 SF
RECORDS ROOM ROOM AT 130 SF
MECHANICAL ROOM ROOM AT 75 SF
KITCHEN ROOM AT 90 SF
COPIER ROOM DELETED , FUNCTIONS CONDUCTED IN
KITCHEN
CONFERENCE ROOM ONE AT 80 SF AND ONE AT 200 SF
Councilperson Steiner explained his suggested reductions of space and said that the net reduction
from Phase II dated April 9, 1997 in the proposed reduction office sizes would be 370 square feet .
He identified additional funds that will be required for this project that are not included in the
estimates of the project at this time --- for tower renovation at $ 12 , 000 . 00 verses the original budget
of $ 500. 00, renovating the interior piers $ 13 ,000 verses 5 , 000 . 00 , sound system in main meeting
room not identified, dropped ceiling for heating efficiency not identified . The existing zoning office
reduced 10 square feet and conference rooms are available for meeting with the public .
Discussion :
Councilperson Inman said that an individual office space must have a minimum width of 8 foot and
explained the inadequacy of Councilperson Steiner ' s proposed plan for reduced office space in the
proposed resolution.
Councilperson Schwartz said that the plan we have from H H & G is not perfect but he is concerned
about the time delay and cost of rewriting the plans creating another time delay and additional
expense to the Town . Going back to the drawing boards and loosing another construction season
is more than we can afford to do .
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Town Board Minutes
9 April 14, 1997
Councilperson Steiner said that with regards to Councilperson Inman ' s response that he has only laid
out the square footage of the offices . The architect has revised the drawing from March 1997 and
April 1997 and increased the office square footage space between 200 - 300 square feet without extra
delay. He does not see why the space was increased .
A roll call vote on the resolution resulted as follows :
Inman Nay
Johnson Aye
Schwartz Nay
Steiner Aye
Oltz Nay Defeated
RESOLUTION NO 33 OF 1997 - Approved
ACCEPT FLOOR PLAN FOR OFFICE SPACE SUBMITTED BY ARCHITECTS HUEBER
HARES and GLAVIN
By Supervisor Oltz : Seconded by Councilperson Inman
WHEREAS, the Architectural firm of Hueber Hares Glavin has been hired by the Town of Danby
to renovate the Town Hall and submit plans for building an addition for office space , and
WHEREAS, Hueber Hares Glavin submitted a Phase #2 plan with furniture layout to the Board at
the April 9 , 1997 Agenda meeting of the board, now therefore be it
RESOLVED, that the Town of Danby Town Board accept this floor plan with the reduction of 35
square feet of space from the supervisor ' s office .
Discussion:
Councilperson Steiner said that he in good conscience support that plan . He has expressed his
concern about the size of the building, and it is his opinion it is above and beyond what the Town
needs to function properly, and to provide the taxpayers with a reasonable amount of expenditure .
Because we were by the taxpayers for 387 ,000 . 00 does not mean that we have to spend it . We have
not looked at ways to reduce that expenditure . This Board expressed that same sediment to the
taxpayers at a public hearing.
Councilperson Johnson said that some of the items identified as options for repair to the building in
the assessment from the architect are above and beyond the $ 387 ,223 . 50 .
Councilperson Schwartz said that we must renovate this building and create offices that are projected
for future use . He said he can live with this floor plan. The only use for this meeting room after
renovation is a meeting room and for Town Court .
Supervisor Oltz said that this a good plan and will give the staff privacy they need to function
efficiently and she said that she does not think that this plan will exceed the $ 387 ,223 . 50 limit .
A roll call vote on the resolution resulted as follows :
Inman Aye
Johnson Nay
Schwartz Aye
Steiner Nay Carried
Oltz Aye
Motion for Additional Funds to Community Council - Approved
A motion was made by Councilperson Johnson and seconded by Councilperson Steiner that the
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Town Board Minutes
10 April 14, 1997
Town Board of the Town of Danby add an additional $2 ,000 . 00 for Community Council so that they
may obtain insurance for the swim program at Jennings Pond .
A roll call on the motion resulted as follows :
Inman Nay
Johnson Aye
Schwartz Nay
Steiner Aye
Oltz Aye Carried.
PROPOSED RESOLUTION NO . 34_ OF 1997 - Approved
CONSIDER REQUEST FOR MODIFICATION OF FIELDSTONE CIRCLE SUBDIVISION
DECLARATION OF RESTRICTIVE COVENANTS RELATED TO SIZE OF DWELLING
By Councilperson Schwartz : Seconded by Councilperson Inman
WHEREAS, Scott Hoffay, agent for Fieldstone Circle Subdivision , has requested that Article 5 of
the " Declaration of Restrictive Covenants for Fieldstone Circle Subdivision " , dated May 5 , 1994 ,
be changed to increase the minimum square footage requirement of that Article from 1 ,050 to 1 , 500
square feet; and
WHEREAS, pursuant to Article 18 of said Declaration of Restrictive Covenants, such a change
would require approval by the Town Board of the Town of Danby ; and
WHEREAS, such a change is a Type II action requiring no further SEQR review; now, therefore,
it is
RESOLVED, that the Town of Danby Town Board hereby approves the requested change to Article
5 of the " Declaration of Restrictive Covenants for Fieldstone Circle Subdivision " , dated May 5 ,
1994, so that the second sentence of that Article would now read as follows : " The floor area of any
residential structure, exclusive of open porches, decks, bay windows, garage and tool shed, shall not
be less than one thousand, five hundred ( 1 , 500) square feet " .
A roll call vote on the resolution resulted as follows :
Inman Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
PROPOSED RESOLUTION NO . 35 OF 1997 - Approved
CONSIDER REQUEST FOR MODIFICATION OF FIELDSTONE CIRCLE SUBDIVISION
DECLARATION OF RESTRICTIVE COVENANTS RELATED TO UPDATING THE
OWNER/SPONSOR OF SAID SUBDIVISION
By Councilperson Schwartz : Seconded by Councilperson Inman
WHEREAS , Shelter Tech, Inc . , located at P . O . Box 70, Mifflinburg, Pennsylvania, 17844 , is the
current owner of Fieldstone Circle Subdivision, except for the lot sold in that subdivision which is
Danby Tax Parcel No . 2 . - 1 - 52 . 14 and which is owned by Robert C . and Karen A . Walters ; and
WHEREAS, North East Homes, Scott Hoffay, is the recognized agent of Shelter Tech, Inc . in the
development of said subdivision ; and
WHEREAS, Elizabeth Grizanzio is no longer an owner of said subdivision ; and
WHEREAS, it is desirable to update the " Declaration of Restrictive Covenants for Fieldstone Circle
Subdivision" , dated May 5 , 1994 , to reflect the current owner and agent of said subdivision ; now,
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Town Board Minutes
11 April 14 , 1997
therefore, it is
RESOLVED, that the Town Board approves the filing, by Shelter Tech, Inc . ; Scott Hoffay, North
East Homes , agent ; of an amendment to the " Declaration of Restrictive Covenants for Fieldstone
Circle Subdivision" , dated May 5 , 1994 , in the office of the Tompkins County Clerk and in the office
of the Town of Danby Town Clerk, to reflect the current owner and agent of said subdivision, subject
to approval of said amendment by the Town Attorney before it is filed .
A roll call vote on the resolution resulted as follows :
Inman Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
RESOLUTION NO . _36_ of 1997 - Approved
AUTHORIZING PAYMENT TO TOMPKINS COUNTY FOR A PORTION OF A
PROPOSED COMPREHENSIVE PLANNING PROJECT
By Councilperson Johnson : Seconded by Councilperson Schwartz
WHEREAS , the Town Supervisor on behalf of the Town Board and the Planning Board has
requested comprehensive planning services from the Tompkins County Planning Department Circuit
Rider Program ; and
WHEREAS, the Town Code Enforcement Officer, following a discussion of the proposal with the
Tompkins County Board of Representatives Planning, Development, and Education Committee, has
reported that the total estimated value of the services requested is $ 3200 . 00 , and has recommended
that the Town Board provide funding for 25%, or for the amount of $ 800 . 00 for such services ; now,
therefore, it is
RESOLVED , that the Town Board hereby approves the expenditure of $ 800 . 00 for payment to
Tompkins County for comprehensive planning assistance from the Tompkins County Planning
Department Circuit Rider Program , with such assistance described in the " Proposed Work Scope -
Comprehensive Planning Project" , dated April 4 , 1997 , which is attached to and made a part of this
resolution; and it is
FURTHER RESOLVED , that the Town Board authorizes the Town Supervisor to execute a
contract with Tompkins County for such services , in the event that the Planning, Development, and
Education Committee of the Tompkins County Board of Representatives favorably approves the
provision of Circuit Rider services for the project .
A roll call vote on the resolution resulted as follows :
Inman Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
PROPOSED WORK SCOPE - COMPREHENSIVE PLANNING PROJECT April 4 , 1997
K-eX TCCR = Tompkins County Circuit Rider
OTHER TCPD = Other County Planning Staff
CO = Danby Codes Officer
PB = Danby Planning Board
PB SEC'Y = Planning Bd . Secretary (minutes transcription)
Estimated Period for Work Scope Completion : April - October, 1997
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12 Town Board Minute
April 14 , 1997
Schedule once per month Planning Board Work Sessions with Circuit Rider. These meetings would usually
be in addition to the regular monthly meetings .
,
TCCR 7 months x 3 hrs . = 21 hrs .
CO " = 21 hrs .
PB " = 21 hrs . x 7 members = 147 hrs . (This
time also reflected in below tasks .)
PB SECT " " = 21 hrs .
- Define Comprehensive Planning Goals, Objectives .
Examine 1989 Comprehensive Plan and 1965 General Plan .
Define working format for Comprehensive Plan Update (e . g. , simplified format, easy to read, maximum 20 pages
text, minimize map update efforts , maximize use of other information sources) .
TCCR 34 hrs .
CO 10 hrs .
- Collect and compile information related to Comprehensive Planning and Economic Development. Conduct
preliminary analysis . Assemble/prepare relevant inventory maps .
Typical information : Land Use , Census , Housing, Traffic Counts, Natural Resources, Agriculture ,
Regulations .
TCCR 64 hrs . .
OTHER TCPD 16 hrs .
CO 15 hrs .
Complete " THIS IS DANBY " Map and Capsule Summary to exhibit at July 26 Bicentennial Celebration .
Map to show Public and Community Facilities , State Parks and Forests, Recreational Trails . Capsule Summary to
describe these features and other assets of Danby .
TCCR 5 hrs .
OTHER TCPD 20 hrs .
CO 5 hrs .
PB/VOLUNTEERS 16 hrs .
TOTAL HOURS : TCCR 124 hrs .
OTHER TCPD 36 hrs .
CO 50 hrs .
PB/VOLUNTEERS 163 hrs .
PB SEC 'Y 15 hrs .
a roll call vote on the resolution resulted as follows :
Inman Aye
Johnson Aye
Schwartz Aye
Steiner Aye
iiOltz Aye Carried Unanimously
., RESOLUTION NO 37 of 1997
WITHDRAW FROM CONSIDERATION THE PROPOSED "LOCAL LAW AMENDING LOCAL LAW
NO. 1 OF 1996 RELATED TO ANGELHEART DESIGNS
By Councilperson Schwartz : Seconded by Councilperson Johnson.
WHEREAS, Matthew and Jeanne Engelhart have acquired a strip of land from. Charles Tilton and Patricia
Woodworth, along the west edge of the Engelhart property, which is Danby Tax parcel No . 9 . - 1 -9/ 12 , and
WHEREAS, the deed for such acquisition has apparently been filed in the office of the Tompkins County clerk on
April 11 , 1997, and
WHEREAS, the Code Enforcement Officer has reported that said acquisition brings the sideyard setback width of
•
13 Town Board Minute
April 14 , 1997
the existing Angelheart Designs building into compliance with the Zoning Ordinance , now therefore it is
RESOLVED, that the Town Board of the Town of Danby withdraws from consideration the proposed "Local Law
amending Local Law No . 1 of 1996 related to Angelheart Designs, Inc . " that was subject to public hearing at the
January 1997 Town board meeting since the said acquisition means that no further action on the proposed local law
is needed.
a roll call vote on the resolution resulted as follows :
Inman Aye
Johnson Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
ADJOURNMENT :
On a motion the meeting adjourned at 9 : 50 P . M .
aai ,i .
Carol W . Sczep .. / Town Clerk
min-4- 14 . 97